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Delaware does NOT require an operating agreement. However, it is highly recommended to have a LLC operating agreement even if you are only a single member LLC. The state of Delaware recognizes operating agreements and governing documents.
Wyoming Statutes § 17-29-110: Though Wyoming does not legally require an operating agreement for an LLC, having one is strongly recommended. This document includes provisions for the regulation of business affairs of the company and its members, as well as managers.
To start a Montana LLC, you must appoint a Montana registered agent service. The agent receives service of process (notice of a lawsuit), as well as other important business mail and legal notices, on behalf of the Montana LLC. All documents are received, signed for, and immediately forwarded to the client.
Montana does not require you to have an operating agreement when you form an LLC; however, even as the sole owner of the company, it's in your best interest to file an operating agreement when you create your LLC.
Common pitfalls of a poorly drafted Operating Agreement include failing to: (i) specify what authority managers or members have; (ii) carve out key decisions that require a higher approval threshold (e.g., dissolution, sale of all or substantially all of the assets of the LLC, etc.); (iii) address how deadlocks in the ...